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(영문) 대구지방법원 2021.03.31 2021고정65
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 8, 2008, the Defendant was sentenced to a fine of KRW 3 million due to a crime of violating road traffic law at the Daegu District Court on August 8, 2008.

On November 8, 2020, at around 22:55, the Defendant driven a F Spart-type car under the influence of alcohol concentration of about 0.131% from a 20-meter section to the front road of “E” located in “C” parking lot in Daegu Northern-gu B, Daegu-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual investigation;

1. Previous convictions in making inquiries as a result of the circumstantial statement report of a driver driving a drinking driver or the control of drinking driving: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to prosecutorial investigation reports

1. Article 148-2(1) and Article 44(1) of the Road Traffic Act that applies to the crime, and Articles 53 and 55(1)6 of the Criminal Act that reduces the small amount of punishment for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although there are unfavorable circumstances, such as the fact that the alcohol content content in the blood transfusion for the reason of sentencing under Article 334(1) of the Criminal Procedure Act was damaged by the license revocation criteria and that there was a same kind of power, the amount of fine should be reduced by reducing the amount of fine by taking into account the Defendant’s age and health condition. It is so decided as per Disposition for the above reasons.

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